so they take responsible. so now what? just pivot and keep on dancing? make believe it never happened? how about a point of blue ribbon commission, to say what? the obvious? that you lied when you didn't have an iota of evidence that the murder of four americans was retook a video, that you lied when you said it was a peaceful protest that got out of hand? you repeated the lie over and over for weeks. it wasn't the fog of war. it was the reality of the perception of politics. then you take our money and buy adds apologizing to the arab world. saying that you're sorry. what are you sorry for? are you sorry the founding fathers gave us a first medical examiner are you saying the founding fathers were wrong -- the founding

fathers gave us the first amendment? are you saying they were wrong? it gets better. you're not just sorry. >> the suggestion that anyone on my team, secretary of state, u.n. ambassador, anybody on my team would play politics or mislead when we have lost four of our own, governor, is offensive. >> geraldo: offensive. you're offended. you're offended? you lie to us about the death of four americans and you lie to their families you're offended? in my courtroom, perjury was a crime for which there was real punishment. proof of the crime, you knew in real time from the men on the ground being savageed what was happening. you knew through video surveillance what was happening. you knew from a cable within 24 hours that the attack was by militants. hillary clinton. she is so smart.

her department kept refusing to give security to the ambassador until he begged until the day he was massacred for more help because you had another parade of lies to spin. what was that spin? that libya was normalized. of libya has provided more killers of americans than any other country in world. what is the punishment for lying? for incompetence? has anyone been prosecuted? lost their pension? lost their job? how about their parking space? words are nothing. nothing. words are like the empty words to pat smith trying to find out how we her only son died. nothing more than words. how do you sleep at night? now to our state department spokesperson, victoria newland

and the refusal to discuss intelligence gathered at that attack in libya. >> you know, we never talk about intelligence issues from this podium. at all i'm not in a position to comment on that here today. >> that is not true. you talk about intelligence issue when you want to talk about them and it's in your interest to do so. >> that's fair. >> judge jeanine: fox news chief intelligence correspondent catherine herridge joins me. good evening. >> thank you for having me, judge. >> judge jeanine: good to have you on again. a lot going on tonight. talk of agreement between the white house and iran on the proliferation of nuclear weapons. or the agreement to not proliferate. and the white house coming out a few moments ago saying it's not true. what can you tell us? >> the story in the "new york times" saying the white house

knocking it down and you have to ask about the timing here. this story surfacing two days before the final presidential debate on foreign policy. iran giving us some division between the two candidates. i would ask even if this was the case, the u.s. agreed to one-on-one talks with iran, whether it would be a double edge sword for the administration. many americans see any dealing with iran as weakness and naivety. >> judge jeanine: interestingly enough. here we are, just approaching the third debate. and we know that last week, right before the debate, hillary clinton comes out and takes one for the team. people thinking it's a balloon to see if it would be received positively by the american people. >> we have seen a series of people in the administration taking responsibility for what happened in libya.

they are not answering a critical question. we touched upon it on the show last week. whether the attacks, intelligence there was a high threat level. whether we seem to brush that threat aside because we had such a significant intelligence presence there in benghazi. ultimately people turned against me and attacked the consulate and the annex. >> judge jeanine: switching for a moment, i hear that there is a growing movement to try to protect ambassador rice. and repeated the lie of the white house this was response to a video. what can you tell us about that? >> i am glad you asked that. in the last hour i got a statement from the head of the house intelligence committee. mike rogers believes there is a concerted came pain by people in the administration

to bolster statement of people like ambassador susan rice. what we have is the head of the intelligence community saying, committee rather saying we think this white house is now leaking information, intelligence if you will to backup the statement of ambassador rice. he goes on to say on one hand if they are leaking information to bolster their position. that her statement was a way of line. they are not releasing the intelligence that undercut this in a significant way that the youtube video had anything to do with the demonstration. here we are a month later arguing over when we decided to call it terrorism publicly by this administration. we haven't dropped 5 hammer on people responsible. that emboldens the people.

>> judge jeanine: glen doherty one of four americans in the benghazi attack was a former navy seal. his best friend brandon web join us. author of "red circle." how are you, brandon? >> good, judge. thank you for having me on. >> judge jeanine: good to have you on, brandon. how long did you know glen doherty? >> i have known him for ten years when we met at seal team three in coronado. >> judge jeanine: can you tell me when you met, what was your response and your reaction to him? how did you connect for so many years? >> our against came when we both as new guys were selected to go to navy seal sniper school. as a shooting pair in that program. >> stressful course.

we both had gotten out. >> judge jeanine: brandon, i understand that you were in communication with him in weeks before he died. how often would you speak to him? >> we spoke weekly. i was talking to him about going flying. we're both private pilots and we had to renew our instrument approach, certification. we had written a book together and done revision. we went flying together, surfing together. my kids went flying with us. a great guy. >> judge jeanine: all right. brandon, i understand that you are concerned and more than concerned, angry about the fact that your friend is being referred to as security for diplomats in libya. why are you upset about this?

>> i am more concerned about the fact, where is story of glen and ty and the team that went to rescue the state department personnel? what is the truth getting the heroic story. they are heroes. >> judge jeanine: why are they heros in your mind? you were suggesting they weren't on that compound that night. >> from my sources and i run my site our sources say they went to the aid of the state department. they rescued the personnel. they lost their lives doing so. you can look at what is in the media. and the different pictures -- >> judge jeanine: why do you think -- you know, i got a senate resolution here. 575. commending the action of the

four americans who were killed and they talk about the fact that glen doherty was with the department of state to protect the u.s. diplomatic personnel. you believe and you say you know the truth that was not his job. why is it that they are continuing to spin this in a senate resolution? >> i mean, it doesn't take -- just look at a situation. november elections. everything is politicized and used to the other side political advantage. that is a shame. rather than focusing on the two heroes glen and ty and getting the real story out there, we are in election year and the mud is slinging back and forth. >> judge jeanine: you believe your friend glen doherty and ty woods are heros that went to the rescue of

ambassador and gave their lives? >> absolutely. it's hard to armchair quarterback the security situation in benghazi. why aren't we focused on the bigger issues, foreign policy and getting a sound foreign policy that focuses on the prevention of terrorism rather than us keep treating this. >> judge jeanine: all right, brandon. thanks so much for being with us this evening. coming up, could the obama campaign have october surprise in their bag. dick morris thinks so. he's next. later, three congressmen will be here with the latest on their investigation. in to the murder of four americans. [ male announcer ] this is joe woods' first day of work. and his new boss told him two things -- cook what you love, and save your money. joe doesn't knowt yet, but he'll work his way up from busser to waiter to chef before opening a restaurant

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>> judge jeanine: 48 hours before the final presidential debate.

what tricks to the democrats have up their sleeve? author of here come the black helicopter join me this evening. thank you for being with us. >> thank you. >> judge jeanine: let's talk about the october surprise we hear about. traditional surprise before an election. this past week they have taken one for the team. what do we expect before the debate on monday? >> in the last five presidential elections two have been won overwhelmingly by the democrat. obama and clinton for re-election in '96. in '29 they announced the indictment of the bush defense secretary four days before the election. in 2000 they announced bush had a dui 20 years before in maine.

>> judge jeanine: what this year? >> my worry there is a report that by a former cia agent who is, goes under pseudonym of raja khalawi, infiltrated the revolutionary guard and has story in iran. he ran a story saying the u.s. and iran agreed already to moratorium on uranium enrichment to ratchet back sanctions announced before the election day. >> geraldo: the white house has come out and say no, no, no. what do you make? >> they are denying that iran agreed to one-on-one tals. there are floating trial balloons. this ayatollah, the predecessor has a history of playing in the u.s. elections. >> in 1980, he didn't release

hostages until after carter was defeated. in 1980. wanted to beat carter. it could see them doing this to elect obama keep out romne romney. what we do about it is talk a lot about how it may come or happen. if it does happen we make clear this is the ayatollah voting for obama. >> exactly. >> you have something interesting to say about you and election monitors. what is going on? >> this is the height of hubris. in my new book we talk about the goal of the u.n. to become global government. yesterday they announced 48 u.n. inspectors sent to the united states on election from europe and central asian. to monitor fairness of the electoral process. >> judge jeanine: who gives them permission to do that? >> to look for evidence of voter suppression. >> do we need them to tell us that?

>> them to tell us. >> this is where elections run by the state. i urge every governor who might be listening to block the inspectors. for the u.n., 60% of whose members are not democracies -- >> judge jeanine: mo on the or our election. ridiculous. will there be a strike before the election by the administration? >> no. libya, they may kilte kill the terrorists. they won't hit iran but they may have a october surprise. >> judge jeanine: dick morris, so insightful. thank you for being with us this evening. after the break, how could and why would the white house lie about the libyan attack? three members of congress investigating the attack are with us. later, did the cia know the attack against the consulate was coming?

>> judge jeanine: congress continues to investigate what the white house knew and when they knew it. in a letter to the president they write we are concerned that your administration has not been straightforward with the american people. they also ask why the administration withdrew security and why the government did not heed warnings of our ambassador. joining me now, florida congressman john micah senior member on the house oversight and government reform committee, from austin, texas. oklahoma congressman john langford on the oversight committee from oklahoma city. california congressman devin nunez member of the permanent select committee on intelligence. >> thank you for being with us. on behalf of the american people, you the only hope that we have to get to the bottom of what has happened in libya.

i will start with you. that letter to the president, that i just read portions of, have you received an answer from the white house? >> not yet. of course, mostly we've gotten excuses this week. i'm not sure if hillary clinton voluntarily threw herself under the bus or was thrown under the bus to try to cushion the blow on the president. the president, you know, supposed to have the buck stop at his desk. a number of people from the state department falling on the sword this week. >> judge jeanine: congressman, you say they are falling on the sword. i haven't seen anybody lose their job. lose their pension. let me go to you, congressman

langford. you in particular are upset about the stuff you heard. tell us what the reaction is to a lot of it. >> it's frustrating, we knew the security situation. the british ambassador had an assault on his life and assassination attempt the british evaluated their security presence in benghazi. determined they didn't have enough security. so they pulled out. the red cross had two attacks on the compound in benghazi, determined they didn't have enough security there. so they pulled out. we had two different attacks on our compound in the summer of 2012. instead of responding with more security or pulling out, we pulled out security and left the people there. it's inexcusable. we should have added more security and pulled the people out. not do neither. >> judge jeanine: why do you think in a country dangerous as libya, with ambassador pleading, the sense the day he was murdered. this administration would be so tone deaf or so dismissive when apparently the ambassador

in paris has the marines detachment. >> right. we know the reason for that. we gave us a clear term on that. in december of 2011. patrick kennedy determined they would normalize the situation there. regardless of what happened on the ground. regardless on who from the ground was saying please don't pull the extra security out. they determined they were going to normalize, pull all the d.o.d. folks out. we had video surveillance. intel from the cia. coverageman, i'll go to you. congressman nunez, what do you think should happen to the people? >> look, there needs to be a full investigation. the administration needs to come clean. the house intelligence committee knew 12 hours after the attack that it was indeed an attack.

days following, many of us asked the question to the intelligence community and the white house, say if there was a spontaneous eruption, if there was video of some type of protest. we'd like to see the video. we never got that video. we never got pictures. why? there never was a protest. this was an attack. >> judge jeanine: we know that. congressman, excuse me for interrupting. we know that is the case. it was a lie. so my question is, the question that i believe most american people have is what are the consequences to lying? congressman, micah, i go back to you. on the issue of the standard, we know the consulate in benghazi didn't have the physical requirement of the height of the gate, the perimeter of the closeness to the border. and then i hear that congress is considering spending $12 million to protect the libyan border when we won't even protect the border to our

own embassy. what is the state department thinking? >> well, again, you've got people who had information. that there was a danger. we should have security improved there. they ignored the request. then when you had this horrific attack take place. they concocted a story. everybody heard it. it was a coverup story to what was happening. same thing now this past week. >> judge jeanine: real fast, i have a hard break here. congressman nunez, you're on intel. you believe that they didn't tell you or share intelligence with you? >> absolutely. state department refused to show up. to brief us. let's not forget new n the last few hours they're saying that al-qaeda was not involved. well, i don't believe that either.

>> we don't. congressman, we're relying on you to get to bottom. thank you for being with us this evening. coming up, the u.s. looks to help libya combat islamic extremists. is it too little, too late? later, did the cia know from the get-go the attack was an act of terror? harris faulkner.

let's get you back right away to "justice." >> we will not waiver to see justice is done for the terrible act. make no mistake. justice will be done. >> president obama promising to bring those who attacked the consulate to justice. where is the justice? retired lieutenant general and fox news military analyst tom mcanerney joins us. good evening. >> good evening. >> judge jeanine: do you think we'll get justice? >> no. the fact is there will be words about it.

we would have taken the leader out there who did this, if we wanted to. and the fact is that he is there. but they have elected not to. could have done it with a small team. you could do it with predators or reapers. or manned aircraft. precision weapons. they have not yet elected to do it. >> general, you would think it would be in the president's interest to get out and make sure that there was justice and that there is some kind of retaliation for the murder of four innocent americans. what in your mind are they thinking? >> because they went in a coverup and they added lies to it and the reason there is a coverup, because they tried to allay the impression to the american people and the world that they have defeated al-qaeda. there is no longer a radical

islamic threat. out of iraq. coming out of afghanistan. major sadda nadal hisan, workple violence. >> i love that. >> move away from the rid call islam al-qaeda is a threat. if they now go and attack it's better to have a long f.b.i. investigation. make it thorough. >> as a military man, how does it strike you? you heard three weeks later because it wasn't safe for them to go in earlier. then i say to myself, excuse me for digressing for a minute. wait, if it takes three weeks for the f.b.i. to get in there, what about when you hear that we respond in 24 hours, we have all of the, you know, covert teams that come in and help americans. why weren't they sent in? >> they could have been in there the next day. they weren't sent there because they want investigatt is to investigate? it's on videotape.

they could have beer or a mango drink at a luxury hotel in libya scoffing at americans. >> i rest my case. >> speaks for itself. move on from there. you are a general. why would general petraeus go with this narrative? >> it's puzzling. this went out in cryptic traffic. that is the way we operate now. >> judge jeanine: back up. you believe everyone knew about it because it went out immediately? >> absolutely. that's the way the system is. they got a predator drone there in the last hour or so, and so that meant people were aware and the military chain was in operation. and things were going on. they were talking in real-time to embassy and tripoli.

stuttgart, headquarters and state department. this went to the national -- >> judge jeanine: so aren't you infuriated? >> absolutely. >> why petraeus? that cheap to get someone to lie about this? >> i'm a great fan of general petraeus. >> judge jeanine: we all are. just because he has a presidential appointment he goes with a song and dance about a video? >> that is puzzling to all of us. we have wonder why he hasn't come out. a man of great integrity. we worry about the others that have not come out. >> quickly. there is talk of 15, 20,000 surface to air missiles that were left over when the gaddafi reseem was overthrown -- regime was overthrown in libya. i don't mean to say back. >> we are working on that. that may have been something that went wrong. no question we're working on it. we have been successful to

some degree. a dangerous threat to us if we don't get control of them. some reached syria. >> you hear about the cars packed with the surface to air missile that don't take much intelligence to launch. pleasure to have you in studio. >> thank you. >> judge jeanine: was benghazi attack central intelligence agency failure? two former c.i.a. agents join me now. later, how will the white house mishandling of libya of course the november election -- of course the november election. [ male announcer ] if it wasn't for a little thing called the computer,

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within the compound. >> i wish we could have been there. >> new information that the c.i.a. station chief in libya told washington within 24 hours of the attack it was carried out by militants. why did the white house continue to lie? tony schaefer with me in new york city. along with former c.i.a. officer gary bernson and former c.i.a. officer mike baker joins us from boston. good evening. thank you for being with us this evening. i will ask a general question. do we know officially how the ambassador died? i'll start with you. >> i have heard no final definitive report.

they have been slow. woman, mother of one of the -- >> judge jeanine: pat smith. sean smith's mother. everyone is in the same level of run-around. no one answers questions directly. no clear answer. >> judge jeanine: what is interesting, i'll add this. we spoke with pat smith who said she still doesn't know how her son died. let me go to you. >> the only story we heard is he died of smoke inhalation. >> have you heard anything official, unofficially? >> there are several versions. it's smoke inhalation. >> so sad. look, guys you heard the general mcanerny talking about intel report in a crisis that goes out from the field. and pretty much goes everywhere. what is he talking about? >> a critic. critical incident. report which actually is done rapidly on the spot. that could go to everybody in

community. intelligence and national security have been real-time. tells them essentially a flare going up. tells them that something critical is going on and take action immediately. >> that report, flash or critic going to washington, d.c., goes to cia headquarte headquarters. >> judge jeanine: how come no one is telling us that. we assume they have the information immediately. >> people assume the stove pipe act of the c.i.a. it's not. chief of station and you're in a crisis, you fire out to the entire community. >> mike baker. >> for the white house to have chosen the narrative they did, defies belief. and reality, because as tony and gary are pointing out, that intel hits the white

house immediately. this is a high threat operating environment. a critical situation that is unfolding. they are screaming at langely for information. they get the information, quite frankly what they did is they dismissed it. they set it aside because they didn't fit the narrative they wanted. >> judge jeanine: at the end of the day, i mean you guys are saying this this on this show. i'm not hearing a lot of military people saying are you kidding? that is hogwash! >> i talk to folks who never talked to me. i talked to the folks who have seen the video. it needs to get out. that video is damning. >> congress. darrell issa asked for it. >> it's damning. i talk to folks who tell me through classified methods they could have had an f.b.i. team on the ground, less than 4 hours ready to go. >> judge jeanine: you were on the ground. the uss cole. >> 26 hours we were on the ground.

>> another piece not discussed and president is master of changing the subject. they must have been screaming for help those people. >> of course they were screa screaming. there wereing ons to help and intervene. they could have asked for ac 130, large aircraft with machine guns computerized. ask for quit reaction force. >> why would we sacrifice that? >> this could have been the military could have sent a tier one team there. this fight went on eight hours. >> judge jeanine: yeah. mike? >> gary is right to point to it's been infearating for me. the idea of deflection. the white house has been actually successful. refocusing this. now look what he is doing. discussing what was the intelligence just before or just after? instead of saying wait a minute. a year ago, a year ago they

failed to do the proper thing. they failed to do a proper risk assessment of high threat operating environment. devote resources to secure the facility. you need counter response team. they had an annex. in a war zone. you have annex. what does that mean? you have people moving back and forth between the various locations. >> judge jeanine: mile away, mike. a mile away. >> exactly. >> benghazi is on the -- >> you wouldn't even ask for diplomatic entry. they probably were thinking this through. should go or not? violating the libyan air space. so what? go save your people. >> government would have supported us, i'm sure. other thing that is clear on this. we invaded grenada it took six hours to plan it that.

we would have had it off the coast in there in 30 minutes or less. or >> judge jeanine: out know what? i'm comforted in hearing this. i'm so frightened we are so derelict in the duties. by the way, how does the intelligence community feel they got not just thrown out of the bus but driven over back and forth a few times. >> not good. >> one of the problems here the intelligence community is the scapegoat always. if we get it right, they take credit. if we get it right and they don't like it. they throw us under the bus. you have seen here for the past six weeks. >> judge jeanine: last word, fast. >> last word on this. we should have helped our people. >> mike? >> yeah, the intel community is used to being kicked in the backside constantly. that is not is surprise. this was a screwup from the beginning to not allow for the deflection. >> judge jeanine: lieutenant colonel schaefer, gary and mike. c.i.a. operatives who really

know what is going on. thank you so much for being with us this evening. really. good having you. coming up, mont debate focuses on foreign policy. will the libya fiasco

>> geraldo: monday's third and final debate focuses on foreign policy. will romney seize the moment and attack obama over the libya deback? doug schoen and author of the book "mugged" join me this evening. ann coulter. you heard the general and the dew point colonel. this libya thing, talk about

the impact of libya on the presidential debate monday night. >> governor romney missed an opportunity because of candy crowley to close this issue out in this second debate. it swing it to president obama and frozen the action in the presidential race. this is the final opportunity for romney to make the case tonight. >> the problem, the problem with that is candy crowley said that's true, whatever she said. >> requestion about gun -- there was a question about guns and romney brought up "fast and furious." she said no, no, we weren't talking about guns. we weren't talking about pensions. it was shocking. americans got to see it's biased and not a good epitath for candy crowley's career.

this has ended up completely to romney's benefit. >> let me explain. no one has made this point. i think he may have chosen that specific phrase "act of terror" from the rose garden speech to have obama angrily contradict him. he got lucky by candy crowley barreling in. main stream media has not been covering it. >> if you don't watch fox news you have no requested how the president has been lying. >> judge jeanine: hang on. act of terror mentioned in the rose garden. he said it was the film. hoy did the phrase get in there? >> he was talking about visiting graves in arlington and going to walter reed. he wasn't calling benghazi act of terror. the way romney raised it and denied it and the way they judge the winner.

even the "new york times" forced to cover libya this week. >> judge jeanine: how do you think that candy handled it? you think it hurt him? >> he was well on his way, judge, to winning the debate. obama won the debate. obama is about running out the clock on libya, trying to obface kate the whole thing -- obface kate the whole thing. something in iran or strike where they proclaim victory. >> judge jeanine: hillary comes out monday night before the second debate. what will happen? october surprise? >> there will be. i don't know what it will be. obama hates israel he will not allow a strike on iran. >> strike on libya. >> that is why i -- >> what do you mean? >> an agree in the iran or strike if lib yeah. i'm agreeing with doug on that. >> strike in libya where we declare victory. we got the terrorists. if it's close enough to the

election, then there will be time to litigate. ann is right. nothing with iran. >> judge jeanine: wait. we are making news this evening, ladies and gentlemen. doug schoen agreeing with ann coulter. >> this is about foreign policy. this is not -- excuse me, this is not about politics. >> there may be an agreement to begin the negotiations at some point. >> why is the mouse denying it; ann? >> i don't know. i don't know. maybe so they can have more of a surprise when they announce it. >> geraldo: all right. quickly. >> judge jeanine: who do you think will win the debate? >> it should be governor romney. love certain than ann believe believes. >> judge jeanine: you know you need to be tough as republican when the opponent says how dare you. when a democrat says how dare you, you know you're on to

something. >> ann coulter, doug schoen great to have you with us this evening. that is it tonight. thank you for joining us. follow me on twitter at judgejeanne or facebook me. buy my book about a young prosecutor who starts work in an all-male club hind of courthouse. see you next week. same time. same place. same me. new pink lemonade 5-hour energy?

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